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Politics

To Thwart Fraud, GOP Legislature Makes Petition Gathering Harder

May 4, 2019 - 7:30am
Solar group gathers petitions in 2015
Solar group gathers petitions in 2015

A measure intended to make it harder for citizens’ initiatives to reach the ballot is heading to Gov. Ron DeSantis, after proposed petition-gathering rules were tacked onto a bill in the waning hours of the last full day of the legislative session.

The House added the petition-gathering restrictions to a bill focused on local sales taxes (HB 5) and sent it to the Senate on Friday evening. The Senate then approved it, though a separate bill that included petition-gathering restrictions failed to make it through the Senate committee process during the session.

The petition-gathering process plays a crucial role in placing citizens’ initiatives on the ballot. Democrats argued that groups turn to amending the Constitution because the Legislature often ignores the wishes of voters on issues, as evidenced by ballot drives in recent years that broadly legalized medical marijuana and restored felons’ voting rights.

David Simmons
David Simmons
But Sen. David Simmons, R-Altamonte Springs, said the changes were critical because the ballot-initiative process is being “hijacked” by out-of-state interests. Supporters of the bill say it would help combat fraud in the petition-gathering process, which Simpson alleged is “pervasive all across the nation.”

“States have attempted to try to deal with it. Counties have attempted to deal with it, and the state of Florida is looking at, in this legislation, the same thing other states have done and the courts have approved, to ensure the integrity of the process,” Simmons, a lawyer, argued.

The bill would make a series of changes in laws dealing with initiatives, such as making it illegal to pay petition gatherers based on the number of petitions they collect. Also, for example, it would require submission of information about petition gatherers, including their permanent and temporary addresses, and would require the gatherers to sign sworn statements that they will follow state laws and rules.

The bill also would require petitions to be turned into county supervisors of elections no more than 30 days after being signed by voters and includes penalties of up to $50 for each late submission. Fines could grow to $1,000 for any petition “willfully” not submitted on time.

Sen. Kevin Rader, D-Delray Beach, expressed concerns that college students hired to collect signatures could end up with criminal records, a possibility he called “awful.”

“We’re going to do this on the 60th day (of session), at night, to limit the ability of a citizens’ initiative, which is the greatest thing that our state can do,” Rader argued. “What have the citizens done that has been so awful and so bad? … You still have to get 60 percent on the ballot to pass. And I’ve told a lot of people, passing something with 60 percent is a landslide in this state.”

Petition signatures already collected for the 2020 initiatives would not be affected, but the changes would go into effect 30 days after the bill becomes law, if DeSantis signs it or allows it become law without his signature.

The bill, which the Senate approved in a 22-17 party-line vote and the House approved 67-43, came after Florida voters in November approved 11 constitutional amendments on issues ranging from restoring felons’ voting rights to banning greyhound racing. Two of the measures were placed on the ballot through petition drives, while the rest were put before voters by the Legislature or the state Constitution Revision Commission.

A series of high-profile ballot initiatives also have been proposed for the 2020 ballot, including proposals to raise the minimum wage, expand Medicaid eligibility, ban assault-style weapons and deregulate the electric utility system --- issues widely opposed by Republican leaders.

“Their relentless efforts to shut down citizens’ rights to participate in the political process are unconstitutional, undemocratic and just wrong,” Citizens for Energy Choices Chairman Alex Patton, whose group is behind the utility deregulation proposal, said in a text on Friday.

A wide range of opponents, including electric utilities, business groups, lawmakers and the state Public Service Commission are trying to block the deregulation amendment at the Florida Supreme Court.

Supporters of the bill that passed Friday contend the Constitution has become bloated with issues that don’t belong in the foundation of state government.

"Thank you to the Florida Legislature for protecting Florida’s Constitution from out-of-state special interests and returning the process back to Florida citizens," the Florida Chamber of Commerce tweeted after the vote.

To get on the ballot, initiative backers will have to submit 766,200 valid petition signatures to the state and get approval from the Florida Supreme Court for the proposed ballot wording. If measures go before voters in November 2020, they will need to receive approval from at least 60 percent of voters to pass.

Comments

VoteDem2020 - Clearly, you do not realize that America is NOT a "democracy" --- It is a CONSTITUTIONAL REPUBLIC! Big difference, in that the 'crats' of today are formally Fascists, due to their goal being 'redistribution of wealth'. Secondly, the 'gathering signatures on petitions'' MUST prevent out-of-State and PAID collection of signatures.

Yesterday, May 6, I was approached to sign a petition outside the Largo Library. I asked the guy what the petition was about and he told me it was about restricting voters to be able to vote only for candidates in their own parties. Once I read the petition, I realized it was a petition for open primaries so that anyone could vote for any person of either party and that the top 2 candidates would be on the General Election Ballot. When I asked him to clarify he gave me a double-talk explanation and sheepishly admitted that party voting restrictions were already the law and that I must have misunderstood him. I told him I understood him quite distinctly and tore up the petition. If I had not actually read the petition, I might have signed it simply by listening to this fraud. As I came back out of the library, I heard him give someone else the same spiel he gave me and they were getting ready to sign it. I walked over to them and told this person that he should actually read something before signing it. He did, crumbled up his filled-out form and went into the library. I asked the signature gatherer why he was lying to people. He said he was getting paid to do that because he needed the work and wasn't even from Florida. How can we get these dishonest, fraudulent snake-oil salesmen out of our system? How can I report this too?

Sure enough, yesterday I went to an Arts Festival and there were petition gatherers - obnoxious, yelling out to you if you ignored them, argumentative if had a different viewpoint, etc - seeking a constitution amendment to ban illegals from voting. You know, a solution in search of a problem that even the most ardent supported can't find cases of. Event organizers described them as squatters as they couldn't chase them away due to 1st Amendment Freedom of Speech on public property issues. I wonder if the Legislature put 2 and 2 together and realize will place restrictions on far right petition gatherers as they push far right issues. Not exactly the stereotype they are trying to "control."

The fascist majority in the DNC in Florida is boiling over with hatred and anger since their three hard-core leftist activists on our Supreme Court were given the boot and replaced by moderates.

Clearly, Republicans are anti-"The People" and, consequently, are anti-democracy and anti-American. Voters need to wake up and seriously reject the party of monied special interests and autocratic rule.

These initiatives passed by over a 60% margin. Its almost as if the idiot legislature thinks people are not smart enough to determine what they should be allowed to vote on. How is this Gov't, of the people, by the people and for the people? It's not, it is Gov't by a single political party, who is owned by special interests... This should absolutely be unconstitutional.

I'm in general support of this legislation, but what the hell is "require the gatherers to sign sworn statements that they will follow state laws and rules"? That's kind of like requiring Democrats to sign a statement saying that they will cooperate with federal immigration authorities concerning illegal aliens. Only stiff penalties will get their attention. Make a violation hurt their wallet and/or their freedom. Don't trust the word of Democrats when they're on a political mission - lying is their nature.

An amendment needs 60% approval to pass you conservaclowns! If it passes, that means we, the voters of Florida, want it! The reason anything even ends up going the constitutional amendment path is because the ultra conservative Florida Legislatire refuses to even consider any legislation that is not ultra conservative. The citizen initiative system is literally THE PEOPLES OVERRIDE OF THE CORRUPT POLITICAL ESTABLISHMENT. If you oppose it and want to let politicians control everything you are just as bad as anyone who voted for Hitler, because that’s exactly what he did.

Sorry libturd you dont get to use the process to push fascist gun bans.

Let's not forget that Hitler was a socialist.

Hitler was a dictator. Doesn't matter what he called his party or how he viewed his own political perspective. He was an authoritarian autocrat ... a fascist ... and, clearly, an anti-communist. What he was furthest away from was a democratic socialist!

Democratic Socialist simply means that the voters voted in the totalitarian socialist regime. A perfect current example of this is Venezuela. You can vote your way into socialism (as they did in National Socialist Germany, and in Venezuela) but you have to fight your way out.

You forgot gun control. Something you commies have in common with nazis

You forgot gun control. Something you commies have in common with nazis

Absolutely, Hitler's constant thrust was for "National Socialism". Leftists have a difficult time dealing with their past this way. The surest route to dictatorship has always been the socialist/communist route.

Hitler was an fascist autocrat, just like Trump dumbass... go back and get your diploma *** clown.

Lubturds: trump is literally Hitler. Also libturds: let's ban guns just like Hitler

Amen! Hitler and Mussolini were first and foremost fascists ... uber-nationalists and complete totalitarians. Like Putin ... like Kim Jong Un ... like Trump wants to be! NOT socialists; just penny-ante dictators ... and w-a-y more rightwing than anything else!

How could we forget something that was never true in the first place? Might as well say, "Let's not forget Ghenghis Khan was a Republican".

FINALLY! After the last round of 20 something amendments to wade through in one election - amendments that were in legal language instead of plain english... I wish they had added that ONLY Florida registered voters could collect petitions... with id badges that show their County of residence. Get the carpet-baggers out of our election process.

But I bet you have no problem with the out of state billionaires donating millions to influence our elections. Like Sheldon Adelson from NEVADA, he donated $5 million against the medical marijuana amendment. That doesn’t bother you at all does it, only when Florida voters are able to go around the corrupt Florida legislature are you bothered.

IT'S ABOUT TIME ! ( Lately, it seems way too much STUPID STUFF makes it to the "ballot stage"..! Petitions suffer from the age-old "stuff the ballot-box trick" far too many times to find them legitimate ! [Apparently, it's the ONLY way Liberals can 'win',... cheat ! ]

Do you clowns realize that in order to pass, an amendment must receive over 60% of the vote? Every single amendment that passed since 2006 has been more popular than any politician. You just don’t like it because you are in the 0-40% MINORITY of far right extremist conservatives. You cant blame liberals for this one, 60% of Florida is not liberal! This is EXACTLY the same kind of stuff Hitler did to gain and retain power. Keep voting for nazis, moron.

Well said.

Republicans again prove they hate Citizen Initiatives. They don't believe we are smart enough to determine our own destiny. They have proven their hatred by the restrictive way they implement them. Vote the Bums Out!

That's the typical Republican way. The Re[publicans have not interest in the public or in governing ... just ruling.

"Franklin", you too often prove yourself to be the "Dean of stupid".

"Franklin", you too often prove yourself to be the "Dean of stupid".

ROTFLMBO.... Another case of keyboard courage by somebody without the intestinal fortitude to use their name. That's OK. You're in bad company. Most of the rude and crude posters don't use their own name. Pathetic!

Yea, liberals love it when an opponent gets doxed. It gives them a real person to terrorize and harm in their desire to stop the voices and actions of their opposition.

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